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VA · Employer compliance

Hire a minor in Virginia: 6-step compliance checklist

The federal Fair Labor Standards Act sets a floor; Virginia adds its own rules. The stricter of the two always wins. This page walks through the six checks every Virginia employer must complete before a 14-, 15-, 16-, or 17-year-old starts work — sourced from the US DOL Virginia state page and Virginia Code §§ 40.1-78 to 40.1-116 (Child Labor Law).

Last verified:

Minimum work age

14

State work permit

Required (14–15)

Restricted occupations on file

5

Stricter than federal?

Mirrors federal

  1. Verify the minor's age

    Before scheduling the first shift, get documentary proof of the employee’s date of birth. In Virginia the state work permit (Employment Certificate for Minors Under 16) doubles as the age certificate — the issuing authority verifies the birth date when the permit is issued.

  2. Apply the stricter of federal or Virginia hour caps

    Use the stricter rule for the employee’s age band and school-in-session status. Below are Virginia’s state-specific caps for the two main age bands.

    Ages 14–15

    School in session

    3 hr / day · 18 hr / week

    07:00 – 19:00

    School out (summer)

    8 hr / day · 40 hr / week

    07:00 – 21:00

    Ages 16–17

    School in session

    No state limit / day · No state limit / week

    — – 00:00

    School out (summer)

    No state limit / day · No state limit / week

    No state limit

  3. Block hazardous and restricted occupations

    The 17 federal Hazardous Orders (HO-1 to HO-17) prohibit minors under 18 from specific non-agricultural occupations — meat processing, power tools, roofing, mining, certain driving roles, and more. See the full federal HO list.

    Virginia adds the following restrictions on top of the federal floor:

    • All federal hazardous orders HO-1 through HO-17(29 CFR Part 570)
    • Operating power-driven meat-processing machines(HO-10)
    • Roofing operations and work on or about a roof(HO-16)
    • Door-to-door sales for minors under 16 without adult supervision
    • Tobacco-products sales for minors under 16

  4. Obtain the Virginia work permit

    Minors 14-15 apply through the Virginia DOLI online portal. The employer provides a Statement of Intent to Employ; a parent or guardian and the school sign off on the application. The certificate is job-specific. 16- and 17-year-olds do not need a permit but the employer must keep age verification on file.

    Form
    Employment Certificate for Minors Under 16
    Issued by
    Virginia Department of Labor and Industry (online)
    Applies to ages
    14–15
    Virginia permit info page →Download Virginia work permit (PDF)

    How to apply for the Virginia work permit →

  5. Post the required notices

    Display the federal FLSA Youth Employment poster and the Virginia state child-labor poster where employees can see them. Both are free downloads from the US DOL Wage & Hour Division and the Virginia labor agency. Failure to post is one of the most common citations issued during WHD audits.

  6. Keep records for at least 3 years

    Federal FLSA §11(c) sets a 3-year minimum for payroll, hours, age verification, and (where applicable) the Virginia work permit. Many states require longer retention specifically for minor-employment documents — typically until 3 years after the minor turns 18. Keep: payroll + hours, age verification, the state permit, parental consent forms (where applicable), and any time-off / training records.

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